Page 44 - Florida Concealed Carry Law
P. 44
trespass on, or other tortious or criminal interference with, either real property other than a dwelling or personal property, lawfully in his or her possession or in the possession of another who is a member of his or her immediate family or household or of a person whose property he or she has a legal duty to protect. A person who uses or threatens to use force in accordance with this subsection does not have a duty to retreat before using or threatening to use such force.
Personally, I don’t believe my firearm is about protecting my stuff; it's about protecting life. It appears that Florida statutes agree with me. Recently, I had an elderly women attend one of my courses in Tampa. When I asked her why she wanted to carry concealed, she gave me an answer I wasn’t ready for. Here is what she said:
“Last week, I was mowing my lawn and stepped inside to get a glass of water. I looked out the window and saw a man stealing my lawnmower. I want my permit so that if this happens again, I can shoot him.”
I love the enthusiasm, lady, but I don’t think you're allowed to do that. First, your firearm is not about protecting your lawn mower. Second, let's look at the cost of the two options. If the bad guy steals your lawn mower, how much money do you lose? A few hundred dollars. If you shoot this guy, how much is your trial going to cost? Hundreds of thousands of dollars and years of stress. Even if you were justified, which I don’t think you are, would it be worth it? Of course not. So, what can we do if someone is stealing from us? I believe we have two options. First is to confront the bad guy and demand our items back. A word of caution: Many thieves are stealing to feed a drug habit, and drugs make people do some crazy things. Some scumbags may be willing to kill you over a $100 lawn mower just so they can get high. This brings me to option number two: Let the guy go and call the police. Personally, I don’t want my wife in a confrontation with a thief in my front yard. I prefer for her to stay out of harm's way and call the cops. Depending on the situation, I may or may not confront the bad guy. Use a lot of judgment in a situation like this. As I mentioned before, it's important to think about and plan for these scenarios way before they occur. In the heat of the moment, you're bound to make bad decisions that will land you in a lot of trouble later on.
Using Deadly Force
F.S. 776.012 (2) Use or threatened use of force in defense of a person.
A person is justified in using or threatening to use deadly force if he or she reasonably believes that using or threatening to use such force is necessary to prevent imminent death or great bodily harm to himself or herself or another or